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STATE OF NEW YORK
________________________________________________________________________
1286--A
Cal. No. 191
2013-2014 Regular Sessions
IN ASSEMBLY
(PREFILED)
January 9, 2013
___________

Introduced by M. of A. ZEBROWSKI, MILLER, ENGLEBRIGHT, MAISEL, JAFFEE,
ROSENTHAL, GIBSON, MILLMAN, TITONE, BENEDETTO, ROBERTS, GALEF, ROBIN-
SON, BOYLAND, O'DONNELL, WEPRIN, HOOPER, STIRPE, RODRIGUEZ, GUNTHER,
MOSLEY, GOTTFRIED, BRONSON -- Multi-Sponsored by -- M. of A. ABBATE,
BRENNAN, CROUCH, GABRYSZAK, JACOBS, ORTIZ, PERRY, RABBITT, RIVERA,
SALADINO, SIMANOWITZ, SWEENEY -- read once and referred to the Commit-
tee on Health -- reported from committee, advanced to a third reading,
amended and ordered reprinted, retaining its place on the order of
third reading
AN ACT to amend the public health law, in relation to requiring hospi-
tals to offer hepatitis C testing; and providing for the repeal of
such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
2171 to read as follows:
S 2171. REQUIRED OFFERING OF HEPATITIS C SCREENING TESTING. 1. EVERY
INDIVIDUAL BORN BETWEEN THE YEARS OF NINETEEN HUNDRED FORTY-FIVE AND
NINETEEN HUNDRED SIXTY-FIVE WHO RECEIVES HEALTH SERVICES AS AN INPATIENT
IN A GENERAL HOSPITAL DEFINED IN SUBDIVISION TEN OF SECTION TWENTY-EIGHT
HUNDRED ONE OF THIS CHAPTER OR WHO RECEIVES PRIMARY CARE SERVICES IN AN
OUTPATIENT DEPARTMENT OF SUCH HOSPITAL OR IN A DIAGNOSTIC AND TREATMENT
CENTER LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER OR FROM A
PHYSICIAN, PHYSICIAN ASSISTANT OR NURSE PRACTITIONER PROVIDING PRIMARY
CARE SHALL BE OFFERED A HEPATITIS C SCREENING TEST OR HEPATITIS C DIAG-
NOSTIC TEST UNLESS THE HEALTH CARE PRACTITIONER PROVIDING SUCH SERVICES
REASONABLY BELIEVES THAT:
(A) THE INDIVIDUAL IS BEING TREATED FOR A LIFE THREATENING EMERGENCY;
OR

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00481-07-3

A. 1286--A 2

(B) THE INDIVIDUAL HAS PREVIOUSLY BEEN OFFERED OR HAS BEEN THE SUBJECT
OF A HEPATITIS C SCREENING TEST (EXCEPT THAT A TEST SHALL BE OFFERED IF
OTHERWISE INDICATED); OR
(C) THE INDIVIDUAL LACKS CAPACITY TO CONSENT TO A HEPATITIS C SCREEN-
ING TEST.
2. IF AN INDIVIDUAL ACCEPTS THE OFFER OF A HEPATITIS C SCREENING TEST
AND THE SCREENING TEST IS REACTIVE, THE HEALTH CARE PROVIDER SHALL
EITHER OFFER THE INDIVIDUAL FOLLOW-UP HEALTH CARE OR REFER THE INDIVID-
UAL TO A HEALTH CARE PROVIDER WHO CAN PROVIDE FOLLOW-UP HEALTH CARE. THE
FOLLOW-UP HEALTH CARE SHALL INCLUDE A HEPATITIS C DIAGNOSTIC TEST.
3. THE OFFERING OF HEPATITIS C SCREENING TESTING UNDER THIS SECTION
SHALL BE CULTURALLY AND LINGUISTICALLY APPROPRIATE IN ACCORDANCE WITH
RULES AND REGULATIONS PROMULGATED BY THE COMMISSIONER.
4. THIS SECTION SHALL NOT AFFECT THE SCOPE OF PRACTICE OF ANY HEALTH
CARE PRACTITIONER OR DIMINISH ANY AUTHORITY OR LEGAL OR PROFESSIONAL
OBLIGATION OF ANY HEALTH CARE PRACTITIONER TO OFFER A HEPATITIS C
SCREENING TEST OR HEPATITIS C DIAGNOSTIC TEST OR TO PROVIDE SERVICES OR
CARE FOR THE SUBJECT OF A HEPATITIS C SCREENING TEST OR HEPATITIS C
DIAGNOSTIC TEST.
5. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
(A) "HEPATITIS C DIAGNOSTIC TEST" SHALL MEAN ANY LABORATORY TEST OR
TESTS THAT DETECT THE PRESENCE OF HEPATITIS C VIRUS IN THE BLOOD AND
PROVIDES CONFIRMATION OF WHETHER THE INDIVIDUAL HAS A HEPATITIS C VIRUS
INFECTION.
(B) "HEPATITIS C SCREENING TEST" SHALL MEAN ANY LABORATORY SCREENING
TEST OR TESTS THAT DETECT THE PRESENCE OF HEPATITIS C VIRUS ANTIBODIES
IN THE BLOOD.
(C) "PRIMARY CARE" MEANS THE MEDICAL FIELDS OF FAMILY MEDICINE, GENER-
AL PEDIATRICS, PRIMARY CARE, INTERNAL MEDICINE, PRIMARY CARE OBSTETRICS,
OR PRIMARY CARE GYNECOLOGY, WITHOUT REGARD TO BOARD CERTIFICATION.
S 2. On or before January 1, 2016, the commissioner of health shall
evaluate and report on the impact of this act with respect to the number
of persons who are screened for hepatitis C and the number of persons
who have accessed care following a positive test. Such report shall be
submitted to the governor and to the chairs of the assembly and senate
committees on health.
S 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law and shall expire and be
deemed repealed January 1, 2020; provided, however, that the commission-
er of health is authorized to adopt rules and regulations necessary to
implement this act prior to such effective date.

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